The Negro and the elective franchise. A series of papers and a sermonGrimké, Archibald Henry
Philosophy
The Negro and the elective franchise. A series of papers and a sermon
Grimké, Archibald Henry
African Americans -- Suffrage
If not by force then the Constitution is nullified by law, and the
Supreme Court must be looked to to maintain its vigor. Turning to the
Supreme Court, what do we find to be its answer? In the following words,
the Court concludes in the case of Giles vs Teasley, (the 4th Alabama
case) decided Feb. 23d, 1904:—(from this decision Justice Harlan
dissented.)
"It is apparent that the thing complained of, so far as it
involves rights secured under the Federal Constitution, is the
action of the State of Alabama in the adoption and enforcing of
a constitution with the purpose of excluding from the exercise
of the right of suffrage the Negro voters of the State, in
violation of the Fifteenth Amendment to the Constitution of the
United States. The great difficulty of reaching the political
action of a State through remedies afforded in the courts, State
or Federal, was suggested by this court in _Giles v. Harris,
supra_.
"In reaching the conclusion that the present writs of error must
be dismissed the court is not unmindful of the gravity of the
statements of the complainant charging violation of a
constitutional amendment which is a part of the supreme law of
the land; but the right of this court to review the decisions of
the highest court of a State has long been well settled, and is
circumscribed by the rules established by law. We are of opinion
that plaintiffs in error have not brought the cases within the
statute giving to this court the right of review."
Far be it from me to imply that the Supreme Court will never decide the
State constitutional clauses to be in violation of the national
constitution; but as Von Holst has said: "The wit of man is not equal to
the task in the shaping of political life of inventing forms which may
not be employed as weapons against their own legitimate substance or
contents." The law, it might be added, without strong-siding conscience,
is a mere magician’s handkerchief, and surely we can no longer think of
ante-election promises embodied in the Republican party platform as
binding obligations.
To those who ask: how long shall men wait for justice? I can only
answer: Wait we must, but we need not idly wait. Our future is largely
our own to make. Our radius of activity is slowly enlarging. Our daily
question: what shall we do? settles into a demand for a defined policy.
A bitter and perplexed,—What shall I do?—we are coming to find "worse
than worst necessity." Mere agitation, we know will not suffice. The
country is not floating upon a rising tide of indignation at the
unjustness of our treatment, as it was fifty years ago. And even if the
doing of justice hung upon the casting of a die, I do not know why the
throw should be the higher for violent shaking of the box. Some sort of
planning of our future and united effort of at least a few to realize
their plans is indispensable.
Public-domain text, read in full here on John Shaqi.
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